Avendano-Hernandez should be deported again. His drunk driving conviction, his illegal entry, twice into the United States, should result in deportation but his plea for sanctuary has allowed him to stay, for now.
A federal appeals court has ruled that an illegal immigrant and convicted felon can’t be deported back to Mexico because he identifies as a transgender woman, which leaves him vulnerable to torture back in his home country.
Apparently when Avendano-Hernandez went back to Mexico he claims he was raped by some in the Mexican army, as well as harassed by family and neighbors.
An immigration judge and the Board of Immigration Appeals (BIA) both rejected Avendano-Hernandez’s arguments on the grounds that he had committed a serious crime (felony drunk driving) and was not likely to face official torture.
However, this ruling did not stand as the three-judge Appeals Court panel said he “must be alloweded to stay in the U.S. because he ‘more likely than not' will be tortured if returned to Mexico”.
Judge Jacqueline Nguyen, an Obama appointee, chastised immigration officials for improperly handling Avandano-Hernandez’s gender identity.
“The [judge] failed to recognize the difference between gender identity and sexual orientation, refusing to allow the use of female pronouns because she considered Avendano-Hernandez to be ‘still male,’ even though Avendano-Hernandez dresses as a woman, takes female hormones, and has identified as woman for over a decade”.
This ruling will set a precedent that any transgender may seek asylum in the United States. More on the ruling can be read at the Daily Caller.